This a shareholders' agreement for a professional service corporation which has been managed over time by the two founding shareholders and is about to admit another shareholder. It addresses governance, income-sharing, indemnities, repayment of loans, disability, termination of the relationship, retirement, and all other issues commonly found in shareholders' agreements.
Delaware Shareholders Agreement
State:
Multi-State
Control #:
US-L02035
Format:
Word;
PDF;
Rich Text
Instant download
Description
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How to fill out Shareholders Agreement?
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FAQ
A shareholders' agreement is optional. The contents and provisions vary in different cases. The details depend on the nature of the entity, the class of shares, and many other factors. There are basic components that every shareholder's agreement contains.
The appointment of directors and quorum requirements, determining the matters requiring special resolution or providing veto rights to certain shareholders, financial needs of the company, restrictions on right to transfer shares freely, defining the obligation of each of the shareholder towards the company.
Bylaws work in conjunction with a company's articles of incorporation to form the legal backbone of the business and govern its operations. A shareholder agreement, on the other hand, is optional. This document is often by and for shareholders, outlining certain rights and obligations.
Bearer shares are not permitted. Shares without par value can be issued. Minimum number of shareholders is one (natural person/legal entity). Minimum number of directors is one (natural person/legal entity).
Unlike in many other states, Delaware corporate law cases are tried exclusively by professional judges, and not by juries. Delaware has been the premier state of formation for business entities since the early 1900s. Today, more than one million business entities have made Delaware their legal home.
Delaware Generally Uses Stockholder Interestingly, while the 1883 law does use the term stockholder, there is one occurrence of shareholder (actually, the plural shareholders)!
But because a shareholder agreement is a contract, it's always best to enlist the help of a lawyer who understands the terms and conditions required in a legally binding contract. A lawyer can help guide you through the process of creating your shareholder agreement in a way that you can't do yourself.
Fortunately, Delaware is not one of those states. The Delaware Division of Corporations allows Delaware general corporations to hold up to to 1,500 shares of no-par stock fee-free. Learn more about Delaware no-par stock and par value.
Most shareholders agreements will say how many shares each party owns and how much they've invested in the company. The agreement will typically outline who is to work in the company and on what terms, with all the shareholders usually entitled to be directors.
The terms stockholder and shareholder both refer to the owner of shares in a company, which means that they are part-owners of a business. Thus, both terms mean the same thing, and you can use either one when referring to company ownership.
